Am I and my partner at risk for misinterpretation?

[pumpkytwothree]

No, I haven't, good for us we have this conjugal partnership category that will apply to us separated but cannot have divorce. but if u are already there in Canada with your boyfriend might as well apply for common law. Are u and ur ex still have communication? Maybe u can have a separation agreement with him and eventually file annulment here so that ir ever u get married with ur bf no it will be recognized in the Philippines.I have an uncle in alberta they have been there since 1990 he and his wife had a divorce there but till now it's still not legal here in the Philippines even if they are both remarried. Our law here in the Philippines sucks big time they want to force people to be together even if they are no longer happy and the thing is if we move on with our lives and try to live with someone or find someone else we are at risk for being charged with adultery because we are still legally married. But if the guys do that people don't mind at all. It's so unfair

I know how it feels, and trust me it's sad and knowing our marital law is being a suck up is kind of a let down. hopefully, soon they will review and pass the divorce bill

 

[emrn]

Hi!
I raised a question to the thread of sponsorship and thanks to Leon for the clarification.He said now that i am in canada i can use any name i want after having the divorce.

We hardly communicate as he abandoned us 5 yrs ago,just this year after he showed up to my daughter and started sending his monthly allotment to her.To my interpretation,he did start seeing my daughter when he knows that i am already in canada...maybe hoping that i could sponsor him with my daughter but there is no WAY i would do that!

I CONSULTED a lawyer,she is a family friend and she told me that i would pay 350,000php for the annulment and will be done in 6 months..hence i have a doubt as i know lots of cases for annulment that it takes years before it will be approved.A friend of mine who worked in Japan and had a divorce pays over a million just to get the annulment done and it took for her 10 yrs before it was over.

Phils. law really sucks,if u file annulment and they know that u are earning big time or has a capacity to give as much as they want then they will ask and more!


I hope u will succeed in your plan..just have faith...

Thank you so much. I consulted a lawyer too when my partner was here we consulted it together because I want to be transparent to him that this is how it is and I want him to take part in it too. Yup it's around that amount but the thing it you have to apply it in the outskirts of metro manila because they have friends there and you know how it works here "under the table" but it's all included in the 350,000. You pay it in increments. I really hope we get to be together. Because he said if this wont work we might move to a different country. Imagine twice trv denial I even went to hk and macau alone just to have a travel history cus it was one of the reasons why I was denied the first time, I was really terrified I was alone in a foreign country but I just did it because we really wanted to be together. And all our money and efforts just went down the drain. So right now this application will really determine if Canada is really for us if not then we will just try some other country who would consider us. :'( :'( :'(

 

[SandJ]

Hi weary

How are you?

I do not want you to think that I am to trying to discourage you or something but i think Mr.Leon thought you are already a Canadian Citizen.
A filipino citizen is bound by Philippine law,no matter what country of residence is except when you become a citizen.
Take the case of this :

http://www.canadavisa.com/canada-immigration-discussion-board/change-of-name-in-ottawa-t11772.0.html

Mr.BCguy is straightforward and is right ,and I will tell you the same thing.
Just hope that your "ex husband" does not know about philippines law or will not consult a lawyer.Because you(and your partner) is at risk of a civil law suit if you ever visit/come to Philippines.Adultery for you and concubinage for your partner.Your baby right now is the evidence.Harsh as it may seem, but it is the reality.You do not want your life to be more messy... (Btw,makapal ang mukha niya if maghahabol siya after abandoning you and your kid.Kasuhan mo ng abandonement kapag naghabol,joke lang.siguro hindi na aabot sa ganun. )
Anyway,my say about your name change(just my opinion),your passport name now-changing it or not changing it- does not have any bearing with acceptance or refusal/denial of your application under common-law.It is about how air tight your relationship is with your partner.Others have done it without going through a "DIVORCE",because if you can divorce, then why not just marry then?.Change your name when you can legally do it.

 

[SandJ]

@weary

oh and shame on me,i forgot to tell you.
Like what i told ms.emrn, hang in there!Stay healthy for the baby.have a safe delivery.

 

[weary-damsil31]

To SandJ:

thank you for reminding me...i have been discreet about my pregnancy to my family so no one knows.. we will know what will x say when he gets the papers concerning the divorce whether he is going to sign it or not i can still re file it just like my friend's case but i just have to attend a 1 day seminar..

Sobra pa sa kapal ang mukha niya if he will file case against me..he left us for another woman but i ddint go after them..he is in the military and supposed i have every right to call his attention but i didn't bother myself instead i left my kid to my parents and worked in hongkong.

I know everything's gonna be fine,in God's time...Thank you for your concern..

'Till then...

 

[brookslakeside]

Thank you so much. I consulted a lawyer too when my partner was here we consulted it together because I want to be transparent to him that this is how it is and I want him to take part in it too. Yup it's around that amount but the thing it you have to apply it in the outskirts of metro manila because they have friends there and you know how it works here "under the table" but it's all included in the 350,000. You pay it in increments. I really hope we get to be together. Because he said if this wont work we might move to a different country. Imagine twice trv denial I even went to hk and macau alone just to have a travel history cus it was one of the reasons why I was denied the first time, I was really terrified I was alone in a foreign country but I just did it because we really wanted to be together. And all our money and efforts just went down the drain. So right now this application will really determine if Canada is really for us if not then we will just try some other country who would consider us. :'( :'( :'(

I can`t help but feel so sad about your predicament. Philippines and the Vatican City are the only countries in the world that doesn`t allow divorce. Since you are a filipino citizen the only route in my opinion is to get an annulment so you can get married legally. Instead of having applied for TRV(denied twice) and travelled abroad you could have spent that money in starting your Annulment. But that`s behind you now.
As mentioned by one of the contributors here that you need your husband to agree when you apply for Annulment that is not the case because that is colussion and is not allowed in Philippine Law. As quoted here:

In Philippine laws, collusion is an agreement between husband and wife to have their marriage annulled or nullified. They would decide and agree on various concerns relating to the case to have favorable judgment.

It is forbidden by law because marriage or its dissolution cannot be a subject of agreement between the parties.
Art. 48 of the Family Code, states,


In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed.

Annulment is expensive (150,000 to 250,000 pesos), emotionally draining and takes a long time (8 months to 2years) but it`s all worth it if you want to be with someone you love.

Your other option is for you to live together with your partner continuously for a year but i think that is impossible in your situation since he is working in Canada or apply for a working visa. But you know what is best for you in the end it is your decision.

 

[canadianwoman]

I am separated but still legally married here in the Philippines and my ex's family is very influential in their province. So everything right now is really discreet. My partner and I invited me for TRV twice and he said in the letter of invitation that I am his family friend and that he had known me for years now just to make it more convincing for me to approve and to protect me as well. Now we are going to apply for conjugal visa we are going to tell our true story how we met, when we met but it will completely contradict the TRV letter I'm scared that this may affect our application and we might be at risk for misinterpretation and we might not be able to be together ever. What should we do? Just go with our story in the trv? I really dont know what to do now. Please help I really want to be with my love. Everyday is torture not being with him. :'( :'( :'(

Apply for your CAIPS notes and FOSS notes. The government does not keep all documents related to TRV applications for very long, they just enter the important parts in the computer system. So some of the details of your previous applications may be lost. If you see from the CAIPS and FOSS notes that they don't have any info that contradicts the true story of your relationship, you are safe to just state the truth in your PR application - you don't need to explain the inconsistencies, since the visa officer will be unaware of them.

 

[rjessome]

Apply for your CAIPS notes and FOSS notes. The government does not keep all documents related to TRV applications for very long, they just enter the important parts in the computer system. So some of the details of your previous applications may be lost. If you see from the CAIPS and FOSS notes that they don't have any info that contradicts the true story of your relationship, you are safe to just state the truth in your PR application - you don't need to explain the inconsistencies, since the visa officer will be unaware of them.

canadianwoman, this isn't true. They DO keep copies of these applications, just not hard copies. They are stored electronically or on micro fiche.

 

[canadianwoman]

Are you sure? The reason I wonder is because my husband's CAIPS notes and FOSS notes include page after page related to his two (failed) TRV applications, but actually almost everything is copies of the same very basic info about these applications. There is no actual copy of the forms he filled out, of the invitation letters I sent, or of the other proof he submitted. It seems the visa officers took some of the info from the forms and entered it on the computer; the other information is not there. There is no way to tell from the CAIPS and FOSS notes that he wanted to come to Canada in 2003 and in 2007 to visit me, for example, whereas if they had all the info he submitted that would have been obvious.

The visa officer who conducted his interview was astounded when he showed her the copy of his 2003 TRV application he had kept and which has me listed as the person he was going to visit. The VO had clearly never seen it before. She shrieked, "Why didn't you include this in your application?" and went running from the room with it, presumably to show her superior.

All the above makes me think that the government is only keeping what it considers the essential details of TRV applications. So if you order your CAIPS and FOSS notes, and something isn't there, it means the government doesn't know about it. Are you saying the government does in fact have copies of all documents ever submitted on computer and does not release this info with the CAIPS and FOSS notes?

I wouldn't advise anyone to lie on their PR application, but if there are some minor discrepencies with previous TRV applications, discrepencies which are not noted on the CAIPS and FOSS notes, are applicants safe in just ignoring this? Or should they offer an explanation to the visa officer before it is asked for?

 

[rjessome]

Yes, I'm saying that they keep copies of all applications. If you requested a copy of your complete file, you would get it. The VO probably hadn't dug it out of their storage system.